A Study On The Perfection Of The System Of The Third Party's Revocation Of China

Our country amended the civil procedure law of China in 2012,and we established third party discharging the judgment.In the legislation for the protection of the third person interest is an important step.But let's take a closer look at the article,the overall provision expression is relatively simple,the plaintiff position is abstract,the conditions of accepting the case are strict,etc.the judicial practice throughout the country court trial attitude to the third party discharging the judgment,makes third party discharging the judgment doesn't play its expected effect.In 2015,after the enforcement of the new interpretation of the civil procedure law,things are getting better,however,in order to make sure it works,it is necessary to accurate positioning of the third party discharging the judgment.This paper consists of introduction and five chapters.The first part introduces the basic theory of the third party discharging the judgment and describes the meaning,nature and function.The second part describes the third party discharging the judgment legislation present situation,the introduction of the third party discharging the judgment and the legislative background.The third part listed some existing problems,such as the plaintiff is harsh scope too narrow,accepted by the system,etc.The fourth part discusses the third party discharging the judgment extraterritorial legislation experience,detailed introducing the concrete system in France and Taiwan district,and summarize its excellent experience as a reference.The fifth part corresponds to the first two parts and puts forward relevant suggestions for improving the system.To give full play to the role of the third party discharging the judgment in the judicial practice.